Terms of Use

 

 

Terms and Conditions of Use

Please read the following terms and conditions of use carefully before using this website.
 

General.

This website (Website) is provided by Ikaria Australia Pty Ltd (ACN 134 086 089) (Ikaria) for the information and convenience of visitors to the Website and to make various products available to purchase online. The terms and conditions set out in this document (Terms) apply to all users of this Website.  By using this Website, you accept and agree to these Terms.  Nothing on this Website should be construed as an offer to form a binding contract, or as granting any license or transfer of intellectual property. Your use of this site is at your own risk. Notwithstanding any other provision herein, Ikaria reserves the right, in the event of a violation of these terms and conditions, to protect its rights, property and interests to the maximum extent of the law.

 Use of Website.

The information presented at this Website and these Terms has been prepared in accordance with Australian law but may not satisfy the laws of other countries.  If you are residing in a country other than Australia (User Country), you acknowledge that: 

§if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Website;

  • if the information and these Terms do not satisfy the laws of the User Country, then this Website is not intended for your use and you are not entitled to rely on the information contained on this Website and you must direct all inquiries to the e-mail address care@ikaria.com or phone 1 300 198 565.  If you do rely on this Website, you agree to indemnify Ikaria for any loss, costs, liability or damage which Ikaria may incur as a result.

You are responsible for all activity in connection with accessing and using this Website, including the placing of any orders for any products on the Website (Products).  By using this Website, you are also agreeing to the Ikaria privacy policy, as set out at PRIVACY

You must not use this Website for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority.  You must not distribute through the Website (or send to email addresses listed on this Website) any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material.

You must not bypass any security mechanisms imposed by the Website.

Dated Information.

The information presented at this website is or was current as of the "Last Revised" date shown on each page. While Ikaria may periodically update or correct information presented on this Website, such information may include typographical errors and/or technical inaccuracies and/or omissions. Ikaria goes to reasonable lengths to ensure that information on this Website is complete and up to date, however, Ikaria makes no representation or warranty as to the accuracy,currency, reliability or completenessof any information on this Website and expressly disclaims any obligation to update such information.
 

Before relying on any information contained on the Website you should verify the accuracy of the information and its relevance to your particular circumstances.  This may mean seeking independent advice.

 

Products
Any information provided on the Website in respect of any Products (including the price of the Products) does not constitute an offer to sell or to licence but an invitation to treat only, and is subject to the availability of the Products, which may change from time to time.

Your account
You may register and create an account (Account) by following the registration process set out in this Website.  If you wish to order any Products from us, you must have an Account. 

You warrant that all information (including any personal information) that you provide at registration of your Account is true, complete and accurate.  You must ensure your registration details are up to date.

You must not assign, transfer or otherwise deal with your account without our consent.

Use or access to your Account may be subject to a logon system.  You must keep safe and secure all identification information (including username and password) (ID) used to access your Account and you must not allow anyone else to use your Account.  You are entirely responsible for access to your Account and acknowledge that any access to or use of your Account by means of an ID assigned to you is deemed to be access or use by you.  This includes any purchase made through your Account.

You hereby indemnify Ikaria from and against any liability, damage or expense that Ikaria incurs or suffers as a result of any action or inaction or omission on your part in connection with this Website, or from any use or misuse of your Account by using your ID, or the misuse of the Website by you.

Ordering Products on the Website.
By placing an order using the Website, you are offering to order the Products in accordance with the terms of the INOtherapy services agreement or, where no signed INOtherapy services agreement exists, on the terms and at the price otherwise agreed in writing between you and Ikaria in respect of the Products (plus any other applicable charges payable by you). 

At any time, Ikaria may, in its absolute discretion, reject or cancel any order it receives on the Website for any reason, including the unavailability of Products, an error in the price or the description of the Products on the Website, or an error in an order placed by you.  In such case, Ikaria may refund you for any amounts that you have paid for the cancelled order.

Copyrights and Trademarks.

This website, and the information which it contains, is the property of Ikaria and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. The trademarks and logos displayed on this website are trademarks of Ikaria except as otherwise noted. In particular, Ikaria and the Ikaria logo are registered trademarks of Ikaria. Nothing on this website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in this notice.

Ikariaauthorises you on a non-exclusive basis to reproduce and download the materials (other than the Products) solely for non-commercial personal use in the intended manner.  Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission or separate agreement from Ikaria.


 

No Warranties.

Ikariadoes not warrant that access to this Website will be uninterrupted, or that the services offered on this Website will be error-free.  Ikaria reserves the right to change or discontinue any feature of this Website, hours of availability and equipment or software required for access.

Ikariadoes not warrant that this Website or any other websites referred to in the Website, or its server, will be free from viruses or defects.


To the fullest extent permitted by the applicable law, Ikaria excludes all terms, conditions and representations, express or implied, in relation to the use of the Website.

Your use of this website and any linked websites is at your own risk. To the extent permitted by law, neither Ikaria nor any other party involved in creating, producing or delivering this website shall be liable for any direct, indirect, incidental or consequential damages arising out of your access to, or use of, this website or any linked website or information on such websites, whether or not the possibility of loss was known to Ikaria. This includes damage due to viruses or other harmful or malicious code that may infect your computer equipment. Without limiting the foregoing, EVERYTHING AT THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
 

Links to Other Websites.

This Website contains components or features that may include materials from third parties (Third Party Materials) and links to websites maintained by other companies (External Sites). Ikaria is providing these links to you only as a convenience. The inclusion of any Third Party Material or link to an External Site does not imply that Ikaria endorses any External Sites or Third Party Material. Ikaria does not have any control over the content of such External Sites and assumes no responsibility whatsoever for the functionality, availability, accuracy, legality or decency of such Third Party Material or External Sites, including advertising, products or materials available from them or for the accuracy of any information or copyright compliance of any External Sites or Third Party Materials.  You further acknowledge and agree that Ikaria shall not be responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Third Party Materials or External Sites, and advertising, products or materials available from them. 

Links to This Website.

Links to any document published by Ikaria on this website should be made to the home page only, without deleting any frames, or our URL address.

Applicable Law.

These Terms are governed by and construed in accordance with the laws of Victoria, Australia.  The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
 

Privacy.

Ikaria may collect your personal information for the purposes of administering this Website and marketing products and services to you, including by direct marketing techniques.  Ikaria may disclose your personal information to third parties including those involved in the administration of this Website and relevant authorities.  If you do not provide the required personal information to Ikaria, you may not be able to use all the features of this Website.  You can access and correct personal information held by Ikaria about you by logging in to your Account or (if you do not have an Account) by sending an email to care@ikaria.com.

Changes to This Notice.

Ikaria may revise these Terms and the Website at any time without prior notice. You are bound by any such revisions and should, therefore, visit this page each time you access this Website to review the current conditions applicable to your use of this Website.  Your continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

 
Effective Date:  December 2010